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Poster: Administrator, Curator, or StaffLum Edwards Date: Aug 18, 2011 4:39pm
Forum: oldtimeradio Subject: Re: Sam Spade et al. pulled

IA doesnt have the resources to investigate any dmca claims so they do pull them. It is up to the uploader to to file the paperwork with IA to restore the items and at that point the risk is on the uploader for any futher action. EFF at one point was working on the cliams from last August but we seem to have slipped between the cracks unfortunatly.

R$ is claiming internet rights and rights to name and likeness which i feel is total crapola. Superman is a very protected name and likeness but there are many superman radio shows and cartoons here.

Hopefully someday someone will figure out whats going on. R$ has proven itself to be a very shady player over the years. There are some of the shows that do have valid copyrights, ie The Shadow , Family Theater, Green Hornet, ect.



I REALLY REALLY want to be able to have Lum and Abner and Jack Benny back here.

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Poster: tomwsmf Date: Oct 28, 2011 8:53pm
Forum: oldtimeradio Subject: Re: Sam Spade et al. pulled

Heh...how many times have we been kicking this subject around over the years my friend? Too many. Thing is , most all the shows are up and around on the intertubes with nary more than a google search. Yes it is a shame they are not here, here is the dream of many of us who were slinging cds and tapes around the snailmail for years. Here is an amazing resource. But as good as here is putting all the eggs in one basket is never the best of plans. So if it is not here, let google be your guide.

We live in amazing times...these shows have moved from the "listened to by a few" to "spread across vast new audiences at the click of a button" ..so if it takes a bit more work to come up with the shows every now and again it is still far easier then ever before.

Much praise to the folks uploading, making the best mp3s possible and all those who are spreading these items about.

-tom

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Poster: Jack Hardway Date: Aug 18, 2011 6:55pm
Forum: oldtimeradio Subject: Re: Sam aSpade et al. pulled

I'm not a lawyer, but I know it gets tricky here and there. The issue of unpublished scripts being under copyright is a separate one, and anyway, if they were the copyrights would belong to the author or, more likely, the sponsor or radio network because it was a work-for-hire deal.
That aside, any trademarks would be protected as long as the owners actively assert them; the trademark/patent website can tell you if a trademark is live or dead.
Other than these considerations, it seems to me that it would be unlikely that many of these old shows are still under copyright. Everything created before 1963 would have had to be renewed during the 28th year of its initial term, and I doubt that occurred for these shows. Nonrenewal of copyright in this 1923-1963 period is the reason you can buy those 20-packs o monster movies or $9, and why you can find old TV shows here at IA. they're in the public domain.
It seems highly unlikely that these old shows were renewed. There are some special considerations for music, which is why you don't see any old rock 'n roll songs here, and music might be construed to mean radio shows, but even if somebody were making a claim based on a trademark or an unpublished script or as music, that party would have to show that it owned the script or music copyright or the trademark. Wouldn't it?
Copyright was originally conceived to ultimately enhance the public domain, not to stifle it.

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Poster: Administrator, Curator, or StaffLum Edwards Date: Aug 19, 2011 6:25pm
Forum: oldtimeradio Subject: Re: Sam aSpade et al. pulled

The Question I would like answered is how can a valid trademark prevent a non copyrighted/renewed series from being hosted here? Case in point Lum and Abner ( a valid trade/service mark), How can trademark and name and likeness apply to the radio shows but the seven lum and Abner movies are public domain? Same with Jack Benny, Many of the TV shows are PD but not the radio shows, Again I assume they are using name and likeness to put these shows off limits.

Hopefully someone will have working knowledge of how this all works and feel like sharing with us. We are at the one year mark since this happened.

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Poster: R Pal Date: Oct 29, 2011 4:17am
Forum: oldtimeradio Subject: Re: Sam aSpade et al. pulled

As a holder of some OTR show tapes that have not been widely distributed, this issue is of concern. I would like to post the shows but do not want my work in converting and cleaning the sound up go to someone who then claims CR and profits from my attempt to make them public.
I would be willing to contribute a small amount to fund legal actions that might resolve the issue. I do not have the knowledge to do such a thing. Is there any such action ongoing?

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